Civil Litigation
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May 22, 2025
Testamentary capacity: Principles and practice
In the majority of cases, determining whether a prospective client has testamentary capacity is not as simple as discerning between midnight and noon; rather, it is like determining the precise moment at which twilight turns to dark. This article considers some of the issues on point.
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May 21, 2025
Federal Court rules Iranian films in rights dispute not protected by Canadian copyright law
The Federal Court ruled that Iranian films at the centre of a copyright dispute between IPTV rivals are not protected by Canadian law, finding the defendants failed to establish the works’ authors or makers were from a treaty country.
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May 21, 2025
B.C. Court of Appeal dismisses constitutional challenge to provincial spill regulations
The British Columbia Court of Appeal has dismissed an appeal launched by three major railways challenging the constitutionality of provincial spill regulations applied to interprovincial railways transporting crude oil and diluted bitumen.
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May 21, 2025
Appeal allowed in case of 30-day dispute resolution clause
The Ontario Court of Appeal has allowed an appeal finding that the application judge erred in interpreting that a mediation and arbitration clause required parties to resolve disputes within 30 days.
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May 21, 2025
Federal Court finds lack of justification in COVID benefit denial
During the COVID-19 pandemic, the government offered various forms of financial support, including the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB). The administration of the program has been the responsibility of the Canada Revenue Agency (CRA).
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May 21, 2025
Stateview Homes, senior execs face charges over hundreds of illegal home sales
Ontario’s Home Construction Regulatory Authority (HCRA) has laid charges against Stateview Homes and three of its senior leaders after uncovering “hundreds of violations” in the sale of 453 homes across the province, according to a release issued on May 20.
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May 20, 2025
New judge and justice of the peace appointed to the Court of Quebec
Quebec Minister of Justice Simon Jolin-Barrette has announced the appointment of Karine Beaudry as a judge and Karen Inkel as a justice of the peace of the Court of Quebec.
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May 20, 2025
Ontario court awards $350,000 in damages for insurance brokerage contract breach
In what the judge involved has described as a glimpse into the back room of the insurance brokerage business, the Ontario Superior Court of Justice has awarded a Toronto brokerage $350,000 for an ex-salesman’s breach of contract and a competitor’s role in causing it.
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May 20, 2025
Court: Intention to continue business insufficient on its own to clear BIA preference test
The Ontario Court of Appeal has held that an insolvent debtor’s intention to stay in business does not rebut the presumption that a payment to a creditor shortly before bankruptcy is intended as preference over other creditors, unless there is a reasonable basis to believe it will benefit creditors generally.
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May 20, 2025
Ontario Court of Justice appoints 42 new justices of the peace
The Ontario government has announced the appointment of 42 new justices of the peace to the Ontario Court of Justice, effective May 14, 2025.